Approval and Promulgation of Air Quality Implementation Plans; Virginia; Opacity Variance for Rocket Testing Operations Atlantic Research Corporation's Orange County Facility, 45795-45796 [E9-21398]

Download as PDF pwalker on DSK8KYBLC1PROD with PROPOSALS Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules Department, following a review of all of the facts in a statement of reasonable cause alleged in support of nonassessment or a complete or partial waiver of the penalty, shall notify the plan sponsor, in writing, of its determination on the statement of reasonable cause and its determination whether to waive the penalty in whole or in part, and/or assess a penalty. If it is the determination of the Department to assess a penalty, the notice shall indicate the amount of the penalty assessment, not to exceed the amount described in paragraph (c) of this section. This notice is a ‘‘pleading’’ for purposes of § 2570.131(m) of this chapter. (2) Except as provided in paragraph (h) of this section, a notice issued pursuant to paragraph (g)(1) of this section, indicating the Department’s determination to assess a penalty, shall become a final order, within the meaning of § 2570.131(g) of this chapter, forty-five (45) days from the date of service of the notice. (h) Administrative hearing. A notice issued pursuant to paragraph (g) of this section will not become a final order, within the meaning of § 2570.131(g) of this chapter, if, within thirty (30) days from the date of the service of the notice, the plan sponsor or a representative thereof files a request for a hearing under §§ 2570.130 through 2570.141 of this chapter, and files an answer to the notice. The request for hearing and answer must be filed in accordance with § 2570.132 of this chapter and § 18.4 of this title. The answer opposing the proposed sanction shall be in writing, and supported by reference to specific circumstances or facts surrounding the notice of determination issued pursuant to paragraph (g) of this section. (i) Service of notices and filing of statements. (1) Service of a notice for purposes of paragraphs (c) and (g) of this section shall be made: (i) By delivering a copy to the plan sponsor or representative thereof; (ii) By leaving a copy at the principal office, place of business, or residence of the plan sponsor or representative thereof; or (iii) By mailing a copy to the last known address of the plan sponsor or representative thereof. (2) If service is accomplished by certified mail, service is complete upon mailing. If service is by regular mail, service is complete upon receipt by the addressee. When service of a notice under paragraph (c) or (g) of this section is by certified mail, five days shall be added to the time allowed by these rules VerDate Nov<24>2008 16:07 Sep 03, 2009 Jkt 217001 for the filing of a statement or a request for hearing and answer, as applicable. (3) For purposes of this section, a statement of reasonable cause shall be considered filed: (i) Upon mailing, if accomplished using United States Postal Service certified mail or express mail; (ii) Upon receipt by the delivery service, if accomplished using a ‘‘designated private delivery service’’ within the meaning of 26 U.S.C. 7502(f); (iii) Upon transmittal, if transmitted in a manner specified in the notice of intent to assess a penalty as a method of transmittal to be accorded such special treatment; or (iv) In the case of any other method of filing, upon receipt by the Department at the address provided in the notice of intent to assess a penalty. (j) Liability. (1) If more than one person is responsible as plan sponsor for violations referred to in paragraph (a) of this section, all such persons shall be jointly and severally liable for such violations. (2) Any person, or persons under paragraph (j)(1) of this section, against whom a civil penalty has been assessed under section 502(c)(8) of the Act, pursuant to a final order within the meaning of § 2570.131(g) of this chapter, shall be personally liable for the payment of such penalty. (k) Cross-references. (1) The procedural rules in §§ 2570.130 through 2570.141 of this chapter apply to administrative hearings under section 502(c)(8) of the Act. (2) When applying procedural rules in §§ 2570.130 through 2570.140: (i) Wherever the term ‘‘502(c)(7)’’ appears, such term shall mean ‘‘502(c)(8)’’; (ii) Reference to § 2560.502c–7(g) in 2570.131(c) shall be construed as reference to § 2560.502c–8(g) of this chapter; (iii) Reference to § 2560.502c–7(e) in § 2570.131(g) shall be construed as reference to § 2560.502c–8(e) of this chapter; (iv) Reference to § 2560.502c–7(g) in § 2570.131(m) shall be construed as reference to § 2560.502c–8(g); and (v) Reference to §§ 2560.502c–7(g) and 2560.502c–7(h) in § 2570.134 shall be construed as reference to §§ 2560.502c– 8(g) and 2560.502c–8(h), respectively. Signed at Washington, DC, this 28th day of August 2009. Phyllis C. Borzi, Assistant Secretary, Employee Benefits Security Administration, Department of Labor. [FR Doc. E9–21343 Filed 9–3–09; 8:45 am] BILLING CODE 4510–29–P PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 45795 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0520; FRL–8953–2] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Opacity Variance for Rocket Testing Operations Atlantic Research Corporation’s Orange County Facility AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of adding 9 VAC 5 Chapter 220, ‘‘Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility’’ which includes an opacity variance for the rocket motor test operations at Aerojet Corporation’s Orange County Facility, in lieu of opacity limits established in the Virginia SIP. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A more detailed description of the Commonwealth’s submittal and EPA’s evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by October 5, 2009. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0520 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2009–0520, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. E:\FR\FM\04SEP1.SGM 04SEP1 pwalker on DSK8KYBLC1PROD with PROPOSALS 45796 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2009– 0520. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are VerDate Nov<24>2008 16:07 Sep 03, 2009 Jkt 217001 available at Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia, 23219. FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814–2036, or by e-mail at becoat.gregory@epa.gov. SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action, with the same title: ‘‘Virginia; Opacity Variance for Rocket Testing Operations Atlantic Research Corporation’s Orange County Facility,’’ which is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. Dated: August 26, 2009. James W. Newsom, Acting Regional Administrator, Region III. [FR Doc. E9–21398 Filed 9–3–09; 8:45 am] 2. E-mail: cruise.nicole@epa.gov. 3. Mail: Send written comments to Nicole Cruise, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. Hand Delivery or Courier. Deliver your comments to Nicole Cruise, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8 to 4:30, excluding legal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Nicole Cruise at (913) 551–7641, or by e-mail at cruise.nicole@epa.gov. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [EPA–R07–RCRA–2009–0646; FRL–8953–4] Adequacy of Kansas Municipal Solid Waste Landfill Program AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The EPA proposes to approve Kansas’ Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On December 11, 2008, Kansas submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program. DATES: Comments on this proposed action must be received in writing by October 5, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– RCRA–2009–0646 by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. PO 00000 Frm 00025 Fmt 4702 In the final rules section of the Federal Register, EPA is approving Kansas’ Research, Development and Demonstration permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no relevant adverse comments to this action. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Sfmt 4702 Dated: August 27, 2009. William W. Rice, Acting Regional Administrator, Region 7. [FR Doc. E9–21401 Filed 9–3–09; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\04SEP1.SGM 04SEP1

Agencies

[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Proposed Rules]
[Pages 45795-45796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21398]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0520; FRL-8953-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Opacity Variance for Rocket Testing Operations Atlantic 
Research Corporation's Orange County Facility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Virginia for the purpose of 
adding 9 VAC 5 Chapter 220, ``Variance for Rocket Motor Test Operations 
at Atlantic Research Corporation Orange County Facility'' which 
includes an opacity variance for the rocket motor test operations at 
Aerojet Corporation's Orange County Facility, in lieu of opacity limits 
established in the Virginia SIP. In the Final Rules section of this 
Federal Register, EPA is approving the State's SIP submittal as a 
direct final rule without prior proposal because the Agency views this 
as a noncontroversial submittal and anticipates no adverse comments. A 
more detailed description of the Commonwealth's submittal and EPA's 
evaluation are included in a Technical Support Document (TSD) prepared 
in support of this rulemaking action. A copy of the TSD is available, 
upon request, from the EPA Regional Office listed in the ADDRESSES 
section of this document. If no adverse comments are received in 
response to this action, no further activity is contemplated. If EPA 
receives adverse comments, the direct final rule will be withdrawn and 
all public comments received will be addressed in a subsequent final 
rule based on this proposed rule. EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time.

DATES: Comments must be received in writing by October 5, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0520 by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2009-0520, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S.

[[Page 45796]]

Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0520. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at Virginia Department of Environmental 
Quality, 629 East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final action, with the same title: 
``Virginia; Opacity Variance for Rocket Testing Operations Atlantic 
Research Corporation's Orange County Facility,'' which is located in 
the ``Rules and Regulations'' section of this Federal Register 
publication. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

    Dated: August 26, 2009.
James W. Newsom,
Acting Regional Administrator, Region III.
 [FR Doc. E9-21398 Filed 9-3-09; 8:45 am]
BILLING CODE 6560-50-P
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